Debitas Legal Services

[caffyblue]

I was stunned at the amount of people complaining about Debitas, I too have been harrassed for weeks, despite telling them that I am out sick from work, on limited funds, unable to continue to pay the insurance I had with the credit card I am stuck with having to pay this back, they are hiking up late payment charges and default charges that are outweighing the five pounds a month I said I would pay. I have read through some of the threads on this site regarding Debitas, and I am horrified they can treat people in this manner, I have written a letter to them today to say I am not paying their charges, I will pay the sum I ran up that is fair enough, I will not give them the financial statement they require as it will have my Husband's wages listed also, this is my debt not his, and under Data Protection I am not at liberty to disclose his affairs, I have told them not to constantly call me, I tried ringing the number they rang on yesterday and the answerphone says they are shut, please call between 12.00am and 12.00am office hours???? I dread the phone ringing they are calling anything up to five times a day, surely this is not right:eek:

[deathbycrayons]

OK firstly, send them the harrassment warning letter.

Harassment by telephone - Consumer Wiki

Then, send them letters D and E from here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

Print your name do not sign, and send ALL letters by recorded delivery. DCA's have a nasty habit of saying that they haven't received anything from you.

 

Have you requested a CCA from the original creditor?

[zazen.warrior]

Send this as per the phone calls - nobody calls me now mainly due to this one

 

 

- HARASSMENT WARNING -

 

WARNING: PROTECTION FROM HARASSMENT ACT 1997

 

WARNING: COMMUNICATIONS ACT 2003. s127.

 

Telephone Number: £££££££££

 

Re: Harassment by Telephone

 

 

 

11th December 2008

 

Dear Sir/Madam

 

Alleged Account Number £££££££££££

 

I am writing in relation to the telephone calls I have received from your organisation, which I deem to be personally harassing. I have requested that these calls stop, and for a time they did; however I have today received yet another unlawfully harassing and distressing call from ££££££

 

 

I now require the telephone number listed above to be completely removed from your systems.

 

 

I am in the view that your renewed calling puts you in breach of the Protection from Harassment Act 1997.

 

 

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licensed solely to myself, be kept clear for my own personal calls.

 

It is consequently my view that you are committing the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner will result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you will be liable for a substantial fine.

 

Be advised that all telephone calls from your company are recorded.

 

 

Kind Regards

[zazen.warrior]

Regards payment, request CCA, which if it is CrapOne they will most likely not have, once they default you can cease payments and join the huge fan club on here

[Bilgeman]

I've just started to get calls from these slugs regarding, I presume, a Capital One card that I'd all but forgotten about. I think the balance is about 100 quid. I put their postcode into Transport Direct and it comes up in or around Clarke Road, Nottingham. What amused me is that, right above their name in bold black letters, ii says 'refuse incinerator' which I think is wholly appropriate.

 

Looking forward to this one. Think I might pay off the original balance (minus any unlawful charges of course) to Crap One and see if they ring me again - especially as they'll be getting a recorded letter telling them not to within a couple of days.

 

Hello again, Everyone. It's nice to be back

Edited September 15, 2009 by Bilgeman

[Bilgeman]

Well, the letter was signed for Friday morning and they phoned me five times over the weekend. I'll allow them til tonight in case the letter hasn't filtered through (which I think is unlikely but then I'm nicer than they are) and then the fun will start. I pretended they'd got the wrong number on Friday and told the chap, in a ridiculously stereotyped Yorksire accent, he was speaking to the Heckmondwike Biological Society and that he was very lucky because we'd normally all be in the pub by that time (4pm). The bloke went very quiet, apologised and hung up. That was fun. Liverpool City Council Street Cleaning Department next - 'yeah, lar, we're the one's who stick all the rubbish in skips - old nappies, dog muck, debt collection agencies - that kinda stuff, like'.

Edited September 21, 2009 by Bilgeman
spling moositjx

[Drexl Spivey]

"You are hereby warned that any telephone calls made by you or anyone else representing your Company to my home landline, my mobile or my place of work telephone numbers, after the receipt of a formal request not to contact me by telephone, (and you may take this letter as said formal request), may constitute a criminal offence under Section 127 of the Communications Act 2003, which states :

 

'Improper use of public electronic communications network - Section 127 Communications Act, 2003

 

The Communications Act 2003 section 127, see Stones 8 - 30110B [and Blackstones B19.40], covers the sending of improper messages. Section 127(1)(a) relates to a message etc that is grossly offensive or of an indecent, obscene or menacing character and should be used for indecent phone calls and emails. Section 127(2) targets false messages and persistent misuse intended to cause annoyance, inconvenience or needless anxiety.

 

If a message sent is grossly offensive, indecent, obscene, menacing or false it is irrelevant whether it was received. The offence is one of sending, so it is committed when the sending takes place. The test for "grossly offensive" was stated by the House of Lords in DPP v. Collins [2006] 1 WLR 2223 to be whether the message would cause gross offence to those to whom it relates , who need not be the recipients.

 

The offence is a summary offence, and part of the fixed penalty scheme.'

 

I shall not hestitate to report your Company to OFTEL, submitting a formal written complaint which will include a request that your telephone lines be disconnected for abuse of the telephone system as you are demanding money with menances. I will also report your Company to the Financial Services Ombudsman and The Office Of Fair Trading if your telephone calls persist after the date of this letter. All communications with me should be made IN WRITING only. No other form of communication: (ie telephone calls, emails, Doorstep Collectors or sms text messages) is acceptable to me"

[Bilgeman]

Well, if that doesn't work I don't know what will. Cheers

[debt4get]

if they continue to ring, answer the phone, say one moment please, put phone down and go for a cup of tea, walk, whatever, this is costing them money and they will soon get the message once you no longer play there game

[sillygirl1]

Try "Wonton's Chinese Laundry and Brothel" or "Idiots Anonymous"... these twits seem to have a 'set target' to speak to people on the phone so waste their time and they miss their targets.

 

My favourite to date has been telling the young lady who rang asking if I wanted a loan that "I am a dominatrix and need more equipment for my dungeon as some got damaged at the last orgie I had." Shut her up straight away.

 

Another phone tip is to put their number on a divert to another DCA....

[Bilgeman]

Did the leaving the phone on hold one a couple of times. The first time they hung up after about five minutes. Second time I left it eight minutes and the bloke was still there. I said, 'You don't give up, do you? Bye'

 

Then I left it on hold for 3 minutes or so, put the phone right next to the stereo and let them have a blast of Mastodon at full volume.

[debt4get]

excellent..remember its about taking back ownership of YOUR phone..they want to ring and waste there time...let em get on with it...hope they enjoyed the music!!

[Bilgeman]

Just had another one. What a disappointment. She said 'Can I speak to Mr xxx' and I said, 'and why would you want to do that?', expecting an amusing and uplifting exchange. Instead, she said,'gabble gabble gabble mumble Debtias...' and put the phone down. Spolisport!

[Bilgeman]

Anybody like to comment on this before I send it?

 

'I am writing for a second time in relation to the quantity and frequency of telephone calls that I am receiving from your company, which I deem to be personally harassing.

In my previous letter, dated 15 September 2009 and received and signed for by your office on Friday 18 September 2009, I requested that these stop, but you have completely ignored my letter and I am still receiving three or four calls a day.

I now require all further correspondence from your company to be made in writing only. All letters will be kept as evidence should course of action become necessary

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

Despite my previous request you continue to harass me by telephone, and are consequently in breach of the Communications Act (2003) s.127. I am reporting you to OFCOM, Trading Standards and The Office of Fair Trading, and, should it become necessary, the Police.

 

I require the telephone numbers ***** ****** & ***** ****** to be completely removed from your systems with immediate effect.

Be advised that any further telephone calls from your company may be recorded.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no intention of agreeing to such an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384 per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I do not acknowledge any debt to your company, nor to Capital One. I am sending a Subject Access Request to Capital One as I believe the alleged debt to be made up of unlawfully applied charges. This account is therefore IN DISPUTE and no monies will be paid to Capital One, yourselves or any of your agents until such time as I am satisfied that you have a legitimate claim.'

So **** off (not that last bit)

[debt4get]

looks ok to me..even the last bit

[Bilgeman]

Added this bit for good measure:

 

'Finally, with regard to your letter – it is a worthless piece of drivel as you well know. You do NOT presume to tell me what I ‘must’ do in the hope that I am as stupid as you’d like me to be and will believe a single word of this unenforceable, intimidatory rubbish. If I genuinely owe your alter-ego Capital One anything then I will pay it. I will not pay unlawful charges, fines or amounts that you think somehow apply because you have made them up.'

[mr.ton]

Just refuse to answer security questions...that will stump them.

[Bilgeman]

Been doing that. It does, doesn't it? Or I ask them some of my own - what is your company's address. what is your company's phone number, what is the mean distance of the fourth Gallilean satellite from the epicantre of the Jovian system? The first one usually trips them up.

[Bilgeman]

Today (Tuesday 22 September). FOUR days after they received the letter I had a most unpleasant woman on the phone telling me that the reason they are still ringing me is because I am refusing to speak to them. Oh dear, what a hole these people are digging for themselves. Do they feel that they are above the Law of the Land and can do what they like? And then, when I started to ask why they were still ringing despite my instruction to do everything in writing, the ignorant - erm - lady, began to talk over me. That's when I put the phone down.

[Bilgeman]

Hi again. Whilst not wishing to hijack this thread (and please tell me if you feel I am), I thought it might be appropriate to share this with you all. Calls have stopped over the last few days. This is the reply I had from Capital One regarding the letter above that I sent to Debitas:-

 

'Thank you for writing to Debitas Legal Services (That's ok, don't mention it). Your letter has bene passed to me as we deal with all complaints. I understand that you are unhappy with the calls you are receiving.

 

Your account balance is currently above the agreed credit limit, and you are behind with your payments. When an account falls behind with payments or exceeds the credit limit, we try to contact our customers to let them know about the status of their account, and to see if we can help. I am sorry that you feel harrassed by these calls (No, you'e NOT), but we do not feel the volume is in breach of the Administration of Justice Act or the Communications Act.

Additionally, if we make contact and are able to discuss an account and the customer's ability to pay, we will not call as often.

 

You account has been passed to Debitas Legal Services. They will continue to call you until a payment arrangement is in place (Oooh, I'm frightened), please contact them on 0845 2345151 to discuss this. (No!)

 

I trust I have explained things clearly, however if you have any more questions about this etc... etc....'

 

and here is my intended response:

 

'I refer to your recent letter in which you unsuccessfully attempt to justify the rude and persistent telephone calls from your subsidiary Debitas ‘Legal’ Services and yes, I am unhappy about not only the frequency of the calls I have received, but also the fact that they continued for many days after they received and signed for my written request that all further communication regarding this matter be in writing.

 

It is very difficult for me to know the true balance of this account as you have seen fit to deny me the luxury of statements over recent months. If you wish me to settle the lawfully owing balance then I will need sight of statements on this account over the life of the account.

Therefore: -

 

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

 

 

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

 

 

The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

'

 

 

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them.

 

 

As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject Access Request, I shall also be reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

 

 

Please be assured that I will settle the lawful balance on this account when I have all required information but will not be paying to you, or your minions, unlawfully applied ‘fees’, ‘charges’ or whatever else you care to call them.

 

As far as your threat that Debitas will continue to call me goes, I have already requested in writing that these calls stop. I will certainly not be co-operating with them or giving them any so-called identification and they will be wasting their time and money and risking serious legal repercussions should they not comply with my request.

 

As soon as you furnish me with the details I require I will settle the outstanding amount, should there be any, in full and you will then do me the courtesy of removing yourselves from my life forthwith.

 

 

 

 

Yours faithfully...

 

etc............'

[sickntired]

Debits are an absolute waste of time and effort, I'm tired of the same rude conversations, and the ability to call my husbands mobile even though they confirmed this had been deleated last month. Best of luck with them. We only owe them £400 it's hardly a fortune, but it's a mountain when your trying to climb it.

[Bilgeman]

Spoke too soon. They started ringing me again today. I really am not bothered. I just play them at their own game - let them ramble on for as long as they wish and refuse to id myself. They tell me they will keep ringing and hang up. I can't help laughing at their unprofessional, bungling attitude when they're stumped - they really lose it and start getting humpy. Shows what dregs they have working for them. Anyway, I'm firing off complaints letters now as I feel they've had long enough to get the message - Oftel, Trading Standards and OFT I believe? Anybody got any other suggestions?

[Huff&Puff]

You could try your MP as well. Thy are starting to take notice of the despicable DCA industry at long last, and are looking for votes right about now too.

[Bilgeman]

Do these people know something we don't, does anyone think? Here's the relevant bits from the latest letter I've had from CrapOne:-

 

'Thank you for writing back to us about your account. And the calls that you have been receiving from Debitas Legal Services.

 

I've reviewed your account and the correspondance that we have sent previously, which clearly explained our reasons for calling you (Oh, that's ok. That makes it ok to ignore the Law, then).We've requested you to contact Debitas and agree a payment arrangement. Because Debitas have not heard from you, they have continued to call (Don't they teach grammar and punctuation in schools any more?).

 

There is a genuine balance owed on your account (I'm not doubting that - I want to know how much it is and how much is made up of unlawful charges - think they're frightened because they could end up owing me). It is imperative (oooh, scared!) that you contact Debitas to arrange payments. If you're experiencing financial difficulties, please let them know as the might be able to help (Yeah, right).

 

To explain (I do NOT have learning difficulties - thank you), Debitas Legal Services are calling as the balance of your account is due (Well, tell me what it ****** is then). Please contact them to arrange a payment arragement, this will stop the calls that you are receiving.

 

You requested in your letter that we remove the contact numbers from your account. I am unable to do this as we need to keep numbers on file to enable us to contact you (IN WRITING). We are legally entitled to call you regarding your debt, and we strictly adhere to current financial guidelines and legislation; I am therefore unable to stop calls on demand.'

 

 

Am I missing somthing, Folks?

Edited October 3, 2009 by Bilgeman

[Huff&Puff]

What you are missing is that nobody will enforce such laws as do exist. Therefore they feel safe in doing whatever the hell they please

 

You can invest in a Truecall device, or get you phone number changed, that's about the only way of stopping them phoning that I know of.